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  "title": "PUNJAB EXAMINATION COMMISSION ACT 2010",
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  "text": "THE PUNJAB EXAMINATION COMMISSION ACT 2010 \r\n(XI of 2010) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Establishment of the Commission. \r\n4. Composition of the Commission. \r\n5. Vacancy. \r\n6. Functions of the Commission. \r\n7. Committees. \r\n8. Meetings of the Commission. \r\n9. Delegation. \r\n10. Secretariat. \r\n11. Staff. \r\n12. Public servants. \r\n13. Fund. \r\n14. Budget and accounts. \r\n15. Audit. \r\n16. Annual report. \r\n17. Rules. \r\n18. Regulations. \r\nTEXT \r\n1\r\nTHE PUNJAB EXAMINATION COMMISSION ACT 2010 \r\n(XI of 2010) \r\n[20th July, 2010] \r\nAn \r\nAct \r\nto establish a Commission for improving the examination system of elementary \r\neducation. \r\nPreamble.– Whereas it is expedient to establish a Commission for the improvement \r\nof the examination system and for conducting examinations of elementary education \r\nand to provide for ancillary matters;  \r\n It is enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Examination Commission Act 2010. \r\n (2) It extends to the whole of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act– \r\n (a) \"Chairperson\" means the Chairperson of the Commission;  \r\n(b) \"Chief Executive Officer\" means the Chief Executive Officer of the \r\nCommission;  \r\n (c) \"Commission\" means the Punjab Examination Commission; \r\n (d) \"elementary education\" means education from class I to class VIII; \r\n (e) \"Fund\" means the Punjab Examination Commission Fund;  \r\n (f) \"Government\" means the Government of the Punjab; \r\n(g) “local government” means the local government as defined in the \r\nPunjab Local Government Ordinance 2001  (XIII of 2001) or any other \r\nlaw for the time being in force;  \r\n (h) \"Member\" means a Member of the Commission;  \r\n (i) “prescribed” means prescribed by the rules or the regulations; \r\n (j) “regulations” means the regulations framed under the Act; and \r\n (k) “rules” means the rules made under the Act. \r\n3. Establishment of the Commission.– (1) The Government may, by notification, \r\nestablish a Commission to be known as the Punjab Examination Commission. \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 14 July 2010; assented to by the Governor of the Punjab on 19 July 2010; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 20 July 2010, pages 217-221. \r\n (2) The Commission shall be a body corporate having perpetual succession \r\nand a common seal, with power to enter into agreement, acquire, hold, manage, and \r\ndispose of property, and to sue and be sued in its name. \r\n4. Composition of the Commission .– (1) The Commission shall consist of the \r\nfollowing members:– \r\n(a) Three members of the Provincial Assembly of the Punjab  2[including at \r\nleast one female member of the Assembly]; \r\n (b) Secretary to the Government, Education Department; \r\n (c) Secretary to the Government, Finance Department; \r\n (d) Vice Chancellor, University of Education, Lahore; \r\n (e) Programme Director, Punjab Education Sector Reforms Programme; \r\n (f) Director Public Instruction (Elementary Education), Punjab; \r\n (g) Programme Director, Directorate of Staff Development; \r\n (h) Chairman, Punjab Text Book Board;  \r\n (i) Managing Director, Punjab Education Foundation; \r\n(j) two renowned educationists  3[including at least one female \r\neducationist]; \r\n (k) two persons from the private schools 4[including at least one woman]; \r\n (l) a person from banking sector; \r\n (m) a person from information technology sector; and \r\n (n) Chief Executive Officer. \r\n (2) The Government shall nominate the members mentioned in clauses \r\n(a), (j), (k), (l) and (m) of sub -section (1), and the Chairperson from amongst the \r\nnominated members, for a term of three years. \r\n (3) A nominated member may resign from his office by a notice in writing \r\nto the Government and his seat shall fall vacant on the acceptance of the \r\nresignation. \r\n (4) The Government may, on the recommendation of the Commission, \r\nremove a member nominated under sub-section (2).  \r\n (5) The Chairperson may, with the prior approval of the Government, co -\r\nopt any other person as member either for a particular meeting or purpose, or for a \r\nspecified period. \r\n (6) The existence of a vacancy or any defect in the compositi on of the \r\nCommission shall not invalidate an act or proceedings of the Commission. \r\n                                                           \r\n2Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n3Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e .f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n4Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n (7) The Chairperson and the members shall serve on honorary basis and \r\nshall not be entitled to any financial benefits except such travelling and daily \r\nallowance for performing official duties as may be prescribed. \r\n (8) The Chief Executive Officer shall be the Secretary of the Commission. \r\n5. Vacancy.– The Government may fill a vacancy, caused owing to any cause, \r\nby nominating a person from the same category and the said membe r shall hold \r\noffice for the unexpired period of the term of his predecessor. \r\n6. Functions of the Commission.– (1) The Commission shall– \r\n(a) design, develop, implement, maintain, monitor and evaluate a system \r\nof examination for elementary education;  \r\n(b) formulate policy and programme for the conduct of examinations \r\nrelating to elementary education; \r\n(c) collect data for research to improve curricula and teaching \r\nmethodology; \r\n(d) recommend measures for capacity building of the teachers and \r\neducationists for improving the system of assessment of students;  \r\n(e) identify the areas where improvement in training of the teachers or \r\neducationists is required;  \r\n(f) promote public discussions on issues pertaining to elementary \r\neducation; \r\n(g) advise the Government on al l policy matters relating to the objectives \r\nof the Commission;  \r\n(h) approve annual research programme and annual budget of the \r\nCommission; and  \r\n(i) perform such other functions as may be ancillary to its functions, or as \r\nmay be prescribed or as may be assigned by the Government. \r\n (2) The Commission may– \r\n(a) issue instructions or guidelines to a local government for data \r\ncollection and conduct of an examination of elementary \r\neducation; \r\n(b) register students for the purpose of examination of elementary \r\neducation and maintain their data; and \r\n(c) conduct and outsource research in the sphere of an examination \r\nof elementary education. \r\n7. Committees.– The Commission may constitute committees of its members \r\nand entrust them such functions and powers as it may deem fit. \r\n8. Meetings of the Commission .– (1) The Commission shall meet at least \r\neach quarter in a calendar year. \r\n (2) The Chief Executive Officer shall convene a meeting of the \r\nCommission on the direction of the Chairperson or a written request from not less \r\nthan seven members. \r\n (3) The Chairperson or, in his absence, a Member nominated by the \r\nChairperson, shall preside a meeting of the Commission. \r\n (4) An ex -officio Member may nominate an officer in BS -19 or above to \r\nrepresent him at a meeting of the Commission. \r\n (5) Seven Members, including at least two nominated members, shall \r\nconstitute the quorum at a meeting. \r\n (6) The Commission shall take decisions by the majority of its Members \r\npresent and voting, and in case of a tie, the person presiding the meeting sha ll have \r\na casting vote. \r\n (7) The decisions of the Commission shall be recorded in writing and \r\nsigned by the Chairperson. \r\n (8) The Commission shall cause minutes to be kept of proceedings of \r\nevery meeting of the Commission and of every meeting of a committee. \r\n (9) The Chief Executive Officer shall maintain a complete record of the \r\nminutes and the decisions of the Commission in the prescribed manner. \r\n9. Delegation.– The Commission may, subject to such conditions and limitations \r\nas it may deem fit to impose, d elegate any of its powers or functions to the \r\nChairperson, Chief Executive Officer, a committee, or one or more members, except \r\nthe power to– \r\n(a) frame, amend or repeal regulations; \r\n(b) approve major policy decisions and procedures for the operation of the  \r\nFund; \r\n(c) constitute a committee or fill a vacancy in a committee; \r\n(d) approve the annual budget, audited accounts and the annual reports; \r\nand \r\n(e) consider audit reports. \r\n10. Secretariat.– (1) The Commission shall have a Secretariat at Lahore. \r\n (2) The Se cretariat shall comprise the Chief Executive Officer and such \r\nnumber of officers and staff as may be determined by the Commission. \r\n11. Staff.– (1) The Government shall appoint a person as the Chief Executive \r\nOfficer of the Commission for a term not exceeding four years. \r\n (2) The Chief Executive Officer shall exercise such powers as may be \r\nprescribed or as may be delegated by the Commission. \r\n (3) The Commission may employ persons who shall be paid such \r\nremuneration and allowances and shall hold their employm ent on such terms and \r\nconditions as may be prescribed and until so prescribed, as may be determined by \r\nthe Commission. \r\n12. Public servants .– (1) The Chairperson, Chief Executive Officer, members, \r\nofficers, employees and other persons authorized to perform or exercise any function \r\nor power under this Act shall be deemed to be public servants within the meanings of \r\nsection 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\n13. Fund.– (1) There shall be a Fund of the Commission to be known as the \r\nPunjab Examination Commission Fund. \r\n (2) The Fund shall consist of– \r\n(a) grants made by the Federal Government, the Government or a local \r\ngovernment; \r\n(b) donations, endowments or grants from any individual, organization or \r\nagency, whether national or international; \r\n(c) sale proceeds of the property of the Commission; and \r\n(d) any other money received by the Commission. \r\n (3) The Fund shall be kept in such custody, and shall be regulated and \r\nutilized in such manner as may be prescribed. \r\n14. Budget and accounts .– (1) The Chie f Executive Officer shall prepare the \r\nbudget of the Commission for each financial year and submit it before the \r\nCommission for approval. \r\n (2) The Chief Executive Officer shall not incur any expenditure from the \r\nFund without the approval of the Commission. \r\n (3) The Commission shall maintain proper accounts and other records \r\nrelating to its financial affairs including its income and expenditures and its assets \r\nand liabilities in such form and manner as may be prescribed.  \r\n15. Audit.– (1) The Auditor General o f Pakistan shall annually audit the accounts \r\nof the Commission. \r\n (2) The Government, in addition to the Audit under sub -section (1), shall \r\ncause the accounts of the Commission annually audited by a Chartered Accountant. \r\n (3) The Chief Executive Officer, with the approval of the Commission, shall \r\nsubmit to the Government the annual statement of accounts of the Commission and \r\naudit report, within six months of the close of a financial year.  \r\n16. Annual report .– (1) The Commission shall submit an annual report  to the \r\nGovernment which shall include– \r\n(a) a comprehensive statement of the work and activities of the \r\nCommission during the preceding financial year, including the details of \r\nthe examinations and the research work conducted during the year; \r\n(b) recommendations about the strategy to improve the curricula, teaching \r\nmethodology and inputs required for the quality elementary education;  \r\n(c) statement of accounts and audit report; and  \r\n(d) such other matters as may be prescribed and as the Commission may \r\nconsider appropriate. \r\n (2) The Government shall, within thirty days of receiving the report from \r\nthe Commission, give notice for laying the report in the Provincial Assembly of the \r\nPunjab, and shall lay the report in the Assembly in its first available session \r\nthereafter. \r\n17. Rules.– The Government may, by notification, make rules for carrying out the \r\npurposes of this Act. \r\n18. Regulations.– Subject to the provisions of this Act and the rules, the \r\nCommission may, by notification, frame regulations for giving effe ct to the provisions \r\nof this Act.",
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